Rättsautomation : särskilt om statsförvaltningens datorisering

Detta är en avhandling från Stockholm : Norstedts juridik

Sammanfattning: Computerization of public administration gives rise to a number of questions with regard to the rule of law. The study submits the conclusion that the introduction of IT into public administration changes the very foundations of public administrative law. The introductory part (chapters 1-3) presents a suitable method for the inquiry into the problems, by the combination of legal analysis with practical field work. Specific interest is paid to the legal importance of the system development process. The second part of the study (chapters 4-6) examines three main problem areas of legal automation in public administration. To begin with, computer-related rule formulation is investigated. With reference to the legal framework concerning the issuing of laws and other regulations in the Instrument of Government (constitutional law), the legal status of computer programs, or rather instructions in program code, are discussed. Computer-related rule application is the second main problem area treated in part two of the study. A discussion about policy issues regarding the use of IT in public administration serves as a background to the investigation of the Administrative Procedure Act in an IT-perspective. Openness, vulnerability and security in the computerized public administration are examined within the third problem area. The starting-point for the discussion is the interaction between an extended openness in public administration on the one hand and an increased vulnerability due to computerization on the other. The concluding part of the study (chapter 7) uses the foregoing analysis as a basis for a discussion about changes in the legal infrastructure with regard to organization, data processing and documentation. In order to strengthen the rule of law in the computerized public administration the following measures are suggested: analysis of the legal status of computer programs in public administration, development of legal standards for automatic case handling, and integration of law into the system development process.